Trade unions in India have evolved over several phases and are regulated by key legislation like the Trade Union Act of 1926. A trade union is defined as a combination of workers or employers formed to regulate relations between them. Key rights of trade unions include freedom of speech and association. While unions are granted limited immunity from prosecution, acts of violence or criminal offenses would not be protected. Important court cases have examined the scope of union activities and protections. The ILO also promotes principles of freedom of association and the right to organize and engage in collective bargaining.
Trade unions in India have evolved over several phases and are regulated by key legislation like the Trade Union Act of 1926. A trade union is defined as a combination of workers or employers formed to regulate relations between them. Key rights of trade unions include freedom of speech and association. While unions are granted limited immunity from prosecution, acts of violence or criminal offenses would not be protected. Important court cases have examined the scope of union activities and protections. The ILO also promotes principles of freedom of association and the right to organize and engage in collective bargaining.
Trade unions in India have evolved over several phases and are regulated by key legislation like the Trade Union Act of 1926. A trade union is defined as a combination of workers or employers formed to regulate relations between them. Key rights of trade unions include freedom of speech and association. While unions are granted limited immunity from prosecution, acts of violence or criminal offenses would not be protected. Important court cases have examined the scope of union activities and protections. The ILO also promotes principles of freedom of association and the right to organize and engage in collective bargaining.
Trade unions in India have evolved over several phases and are regulated by key legislation like the Trade Union Act of 1926. A trade union is defined as a combination of workers or employers formed to regulate relations between them. Key rights of trade unions include freedom of speech and association. While unions are granted limited immunity from prosecution, acts of violence or criminal offenses would not be protected. Important court cases have examined the scope of union activities and protections. The ILO also promotes principles of freedom of association and the right to organize and engage in collective bargaining.
Section 2(gg)(q) in The Industrial Disputes Act, 1947
(q) " strike" means a cessation of work by a body of persons employed in any industry acting in combination or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment;
2(h) of the TU Act, 1926:
Trade Union” means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more Trade Unions:
2(g) of TU act, 1926:
“trade dispute" means any dispute between employers and workmen, or between workmen and workmen, or between employers and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of labour, of any person, and "workmen" means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises; and
Section 2 (j) of the Industrial Disputes Act
which defines "industry" states its meaning as “any business, trade undertaking, manufacture or calling of employers and includes any calling, services, employment, handicraft or industrial occupation or avocation of workmen."
Section 2(s) Industrial Dispute Act
workman means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute,
Registration of TU: use pdf: https://drive.google.com/file/d/1m9h_5fu4hlzvCURfE7NsYDQyS86cjf9D/view
Section 5: Application for Registartion
Sec 5 provides that, every application for registration of a Trade Union shall be made to the
Registrar, and shall be accompanied by a copy of the rules of the Trade Union and a statement of the following particulars, namely: 1. the names, occupations and addresses of the members making the application; 2. in the case of a Trade Union of workmen, the names, occupations and addresses of the place of work of the members of the Trade Union making the application; 3. the name of the Trade Union and the address of its head office; and 4. the titles, names, ages, addresses and occupations of the 4 office-bearers of the Trade Union.
Cases:
i. All India Bank Employees’ Association v. N.I.Tribunal
• laid down the rights of the members of the trade unions that are encompassed within the fundamental right to freedom of expression and speech, i.e. Article 19(1)(c) 58: ■ The right of the members of the union to meet ■ The right of the members to move from place to place ■ The right to discuss their problems and propagate their views ■ The right of the members to hold property
Chander Bhan, etc v Sunbeam Autoworkers Union
(2014):Court held any workman employed by a factory Ñ irrespective of whether he was a permanent worker or not, or regardless of whether he fulÞlled the Industrial Dispute (ID) ActÕs deÞnition of workman or not Ñ was eligible to participate in union activities In Jay Engineering Works Ltd vs Workmen, the Calcutta High Court held that gherao will be unlawful and unconstitutional if it is accompanied by wrongful restraint. The mere fact that it is done by members of a trade union and used as a means of collective bargaining does not give them special treatment or exemption. In Jay case, The Court deliberated whether workers could seek immunityunder Section 18. It held that Section 18 granted only limited immunity which does not insureagainst violence, criminal trespass or other criminal acts. If the Trade Unions, their office-bearers or members indulge in other criminal offences, they cannot plead the immunity underSection 18 to prevent prosecution.
The Court deliberated whether
workers could seek immunity under Section 18. It held that Section 18 granted only limited immunity which does not insure against violence, criminal trespass or other criminal acts. If the Trade Unions, their office- bearers or members indulge in other criminal offences, they cannot plead the immunity under Section 18 to prevent prosecution. Chander Bhan, etc v Sunbeam Autoworkers Union (2014):Court held any workman employed by a factory Ñ irrespective of whether he was apermanent worker or not, or regardless of whether he fulÞlled the Industrial Dispute (ID) ActÕs deÞnition of workman or not Ñ was eligible toparticipate in union activities
Damyanti v. UOI : The SC has held that the right guaranteed in Article 19(1)(c) also includes the right to join an association or union.
(Buckhingham case) against the ofÞce-bearers of the Madras Labour Union, the court declaredthe trade union activity as an illegal conspiracy. This ruling however triggered widespread protests, especially in England, where trade unionactivity were very much
establish . Burn & Co vs. Workmen, held that a trade union leader is not entitled to claim immunity from punishment for breach of discipline. However, it is not within the purview of the court to prevent or interfere with the legitimate rights of the labour to pursue their agitation by means of a strike so long as it does not indulge in acts unlawful and tortuous. But where documentary evidence has been placed as to the acts of violence, assault, intimidation, threat to physical assault, and so on, the court can certainly interfere.
In R. S. Ruiker v. Emperor, it was held that there is nothing in the Act, which apart from immunity granted from criminal conspiracy, allows immunity from any criminal offences In R. S. Ruiker v. Emperor, it was held that there is nothing in the Act, which apart fromimmunity granted from criminal conspiracy, allows immunity from any criminal offences Raghubar dayal v UOI: The right to recognition of the trade union by the employer was not brought within the purview of the right under Article 19(1)(c) and thus, such recognition denied by the employer will not be considered as a violation of Article 19(1)(c)38.
BR singh v UOI: strike is a mode of redress for solving grievance of workers.
Note 71: Crompton Greaves v. Its workers Note 72: Syndicate Bank v. K umesh nayak
MFR United workers union v. Govt. of Tamil Nadu:
ILO and Trade Union: The principle of freedom of association is at the core of the ILO's values: it is enshrined in the ILO Constitution (1919), the ILO Declaration of Philadelphia (1944), and the ILO Declaration on Fundamental Principles and Rights at Work (1998). It is also a right proclaimed in the Universal Declaration of Human Rights (1948). The right to organize and form employers' and workers' organizations is the prerequisite for sound collective bargaining and social dialogue. Freedom of Association and Protection of the Right to Organize Convention, 1948: This Convention provides that workers and employers shall have the right to establish and join organizations of their own choosing without previous authorization. The public authorities are to refrain from any interference which would restrict the right to form organization or impede its lawful exercise. These
Right to Organize and Collective Bargaining Convention, 1949
This fundamental convention provides that workers shall enjoy adequate protection against acts of anti-union discrimination, including requirements that a worker not join a union or relinquish trade union membership for employment, or dismissal of a worker because of union membership or participation in union activities. Workers' and employers' organizations shall enjoy adequate protection against any acts of interference by each other, in particular the establishment of workers' organizations under the domination of employers or employers' organizations, or the support of workers' organizations by financial or other means, with the object of placing such organizations under the control of employers or employers' organizations. The convention also enshrines the right to collective bargaining. Trade Unions are further encouraged by ILO through Convention 144. Convention 144 i.e. Tripartite Consultation (International Labour Standards) Convention (1976) aims to ensure that workers get a say in policy decisions which are taken for them. Therefore, Convention No. 144 suggests that labour policies should be decided after Tri-Partite discussions between employees (labourers), employers and the State. The IRC (2020) officially recognised the negotiating power which a Trade Union holds. IRC 2020 highlights that steps should be taken to give legitimacy to Trade Unions. These steps are: Mandatory Registration of Trade Union. Only 1 Trade Union to act as Negotiating Agent. Primacy to Industry workers over outsiders with respect to important positions in Trade Union.
